That may be the one redeeming fact in your otherwise, it seems, bleak case
Let me be clear...the Chapter process does NOT favor the soldier
. Even if you get a hearing, the rules of evidence and procedure do not apply. And the standard of proof is not like at a court (where they must find you guilty beyond a reasonable doubt).
No...at a chapter it is a preponderance of the evidence standard. Practically speaking, you have to prove either you did not commit the misconduct in question, or that despite the misconduct, you should not be separated, or separated with the discharge they want to give you.
Chapter boards are tough.
But at least you get a board....if you had less than 6 years and they wanted to give a general, you would not even get a board.
Look...what you describe? You need a lawyer. A good one. It sounds like the command was playing "fast and loose" with the UCMJ. Kratom is NOT regulated by the FDA. It is not illegal under federal law. So it is not a crime to give to a civilian. It is a crime for you to ingest...but not for you to purchase for your wife. So they got that one wrong. Clearly.
It may be they made other mistakes.
You get a TDS lawyer for free...they will likely be energetic enough...that is great. They likely have no experience. That is bad (for you). If you hire a lawyer with experience in military law (ideally a retired Marine lawyer like myself...but not me) they can help you fight this. Again, it sure sounds like they are charing and convicting you of non crimes.
You can appeal this to the Army Board of Records Corrections...it may be they toss out the charge. But really the focus should be the chapter board. That is going to happen well before you can get the Army Board of Records Corrections to act
BOtXXXXX XXXXXne: I agree with you? The commander messed this up. Get a good lawyer to help you fight the board.
Let me know if you have more questions...happy to assist if I can